DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3742)

RAVEN SCAFFOLDS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 JULY 2016

Application for approval of the Raven Scaffolds Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Raven Scaffolds Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 July 2016 and, in accordance with s.54, will operate from 12 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Raven Scaffolds Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2016-2018. The matter was heard in the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in Australia. The CFMEU contested the application on various grounds, primarily arguing that the agreement did not meet the statutory requirements for approval.

The legal issues before the court centred on whether the enterprise agreement complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the public interest, and if it had been genuinely negotiated between the parties. The CFMEU argued that the agreement did not sufficiently protect employees' rights and conditions, and that it had not been genuinely negotiated due to undue influence by the employer. The applicant, on the other hand, contended that the agreement was fair, reasonable, and in the public interest.

In its decision, the Commission found that the agreement did not meet the statutory criteria for approval. The court highlighted several deficiencies, including inadequate provisions for employee entitlements and conditions, and insufficient evidence of genuine negotiation. The Commission concluded that the agreement was not in the public interest and therefore could not be approved. Consequently, the application was dismissed.

No orders were made as the application was dismissed. The enterprise agreement proposed by Raven Scaffolds Pty Ltd and the CFMEU was not approved, and therefore, did not come into effect.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established